Terms and Conditions

1. Introduction

Welcome to Swiss Chalet. These Terms and Conditions ("Terms") govern your access to and use of our website, mobile application, and services, including any content, functionality, and services offered on or through swisschalet.ca (the "Website").

Please read these Terms carefully before you start to use the Website. By using the Website, ordering products from us, or creating an account, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

2. Definitions

In these Terms:

• "Swiss Chalet," "we," "us," or "our" refers to Swiss Chalet and its affiliates.
• "You" or "your" refers to the individual accessing or using the Website, or the company or organization on behalf of which that individual is accessing the Website.
• "Account" means a registered account with Swiss Chalet that allows you to use our services.
• "Content" means all information, text, graphics, photos, designs, trademarks, or other materials uploaded, downloaded, or appearing on the Website.
• "Products" means all food items, beverages, merchandise, or other goods available for purchase through the Website.

3. Account Registration

To access certain features of the Website or place orders, you may be required to register for an Account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your Account or any other breach of security
• Accept responsibility for all activities that occur under your Account

We reserve the right to suspend or terminate your Account if any information provided is inaccurate, false, or no longer current, or if we have reasonable grounds to suspect a violation of these Terms.

4. Ordering and Payment

4.1 Ordering Process

By placing an order through our Website, you are making an offer to purchase the selected Products. All orders are subject to acceptance by us, and we reserve the right to refuse any order for any reason.

Once we accept your order, we will send you an order confirmation email. The contract between you and Swiss Chalet will only be formed when we send you this confirmation.

4.2 Product Information

We make every effort to display as accurately as possible the colors, appearance, and other aspects of our Products. However, we cannot guarantee that your device's display accurately reflects the appearance of the actual Products.

Product availability is not guaranteed and may change without notice. Prices, descriptions, and availability of Products are subject to change at any time without notice.

4.3 Payment Terms

You agree to pay all charges at the prices then in effect for your purchases. All payments must be made through the payment methods we provide on the Website. You represent and warrant that the payment information you provide is true, correct, and complete.

Prices displayed on the Website:

• Are in Canadian dollars (CAD) unless otherwise specified
• Do not include applicable taxes, which will be added at checkout
• Do not include delivery fees, which will be shown separately

4.4 Promotions and Discounts

We may offer promotions, discounts, or coupon codes from time to time. These are subject to specific terms and conditions, including expiration dates and usage restrictions. We reserve the right to modify or cancel promotions at any time.

5. Delivery

5.1 Delivery Areas

Our delivery service is available in select areas across Canada. You can check if delivery is available to your location by entering your postal code on our Website. We reserve the right to limit or restrict delivery to certain areas at our discretion.

5.2 Delivery Times

We provide estimated delivery times during the ordering process. These are estimates only and not guaranteed delivery times. Actual delivery times may vary due to factors beyond our control, including weather conditions, traffic, and order volume.

5.3 Delivery Verification

For age-restricted items (if applicable), the delivery person may request to see identification to verify your age. We reserve the right to refuse delivery if appropriate identification cannot be provided.

6. Refunds and Cancellations

Our refund and cancellation policy is detailed in our separate Refund Policy. Please refer to this policy for information about returns, refunds, and order cancellations.

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Swiss Chalet, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

8. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, provincial, local, or international law or regulation
• To transmit or procure the sending of any advertising or promotional material without our prior consent
• To impersonate or attempt to impersonate Swiss Chalet, a Swiss Chalet employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website
• To introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website

9. User-Generated Content

The Website may contain features that allow users to post, submit, publish, display, or transmit content or materials (such as reviews or ratings). Any content you post to the Website will be considered non-confidential and non-proprietary.

By providing any content to the Website, you grant us and our affiliates and service providers a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content.

You represent and warrant that:

• You own or control all rights in and to the content you provide
• All content you provide is accurate and not misleading
• The content does not violate these Terms and will not cause injury to any person or entity

We have the right to remove or refuse to post any user-generated content at our sole discretion.

10. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Swiss Chalet. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Swiss Chalet shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party website or service.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Swiss Chalet, its affiliates, directors, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party

Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid by you to Swiss Chalet for the specific Products that give rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Swiss Chalet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including your user-generated content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

13. Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Canada and the province of Ontario, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or provincial courts located in Ontario, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, our Privacy Policy, and Refund Policy constitute the entire agreement between you and Swiss Chalet regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and Swiss Chalet.

17. Contact Information

For questions about these Terms, please contact us at:

Swiss Chalet
54 Tom Mount
Peterfort, TN31 7BY
Canada

Email: [email protected]
Phone: +442187393882